This record is a partial extract of the original cable. The full text of the original cable is not available.

C O N F I D E N T I A L SECTION 01 OF 03 TEGUCIGALPA 003196
SIPDIS
C O R R E C T E D COPY - classification markings para 13
STATE FOR INR/B, PPC, WHA/CEN, WHA/PPC
E.O. 12958: DECL: 11/23/2012
TAGS: KJUS, PREL, PINR, PGOV, PHUM, HO
SUBJECT: THE LATEST CHAPTER IN THE JUDICIAL TALE: A NEW
COURT OF APPEALS
REF: A. TEGUCIGALPA 03017
B. 072129Z NOV 02
Classified By: PolChief Francisco Palmieri, Reasons 1.5 (b) and (d)
1. (U) SUMMARY: On November 5, the Supreme Court of Honduras
named a new panel of Court of Appeals magistrates, after
having ousted the entire court on October 23 in the midst of
allegations of corruption and impropriety. We are providing
biographic summaries on the newly appointed Court of Appeals
magistrates, Maria Elizabeth Chiuz Sierra ((Chiuz Sierra)),
Edith Urtecho Lopez ((Urtecho Lopez)) and Jose Francisco Ruiz
Gaekel (a/k/a Francisco Alberto Ruiz Fernandez) ((Ruiz)).
-----------------
SETTING THE SCENE
-----------------
2. (C) On October 23, the Supreme Court suspended all three
Court of Appeals magistrates in the wake of allegations of
corruption and impropriety. One judge (Mario Alberto Guzman
Zuniga) was accused of accepting bribes from Honduran Air
Force colonels, who were defendants in a case wherein they
allegedly pilfered money from the military retirement fund.
The other two judges (Dagoberto Aspra Iglesias and Rita
Ondina Nunez Barahona) were suspended for using improper
channels to expose the first judge. On November 1, all three
judges were discharged, and shortly thereafter the Supreme
Court indicated that all three are suspected of wrongdoing.
(NOTE: There are rumors that Aspra and Nunez may have been
parties to the corruption, but to date this has not been
substantiated. END NOTE.) See reftels for additional
details on the unseating of these judges. On November 5, the
Supreme Court named a new panel of Court of Appeals
magistrates, for whom we are providing biographic summaries
and Post's initial assessment.
At their swearing-in ceremony, the new magistrates promised
to promote honesty and transparency in the judicial process.
Supreme Court President Vilma Morales stated that these three
justices were selected solely on the basis of their legal
experience and professional qualifications, emphasizing that
the Supreme Court also sought individuals who are impartial,
independent and honest.
When talking to the press, all three of the new magistrates
seized the opportunity to assure the public of their
commitment fairness and justice. Chiuz Sierra pointed out
that she is capable of applying the law and meting out
justice without being swayed by famous names of litigants.
Urtecho promised to enforce the law fairly and to remain
independent. Likewise, Ruiz commented that the position is
one that requires "nerves of steel," and that he is ready to
tackle the challenges that come with the job.
----------------------------
MARIA ELIZABETH CHIUZ SIERRA
----------------------------
3. (U) Maria Elizabeth Chiuz Sierra ((Chiuz Sierra)) was
born in Tegucigalpa on November 29, 1939. She received a law
degree in 1972 from the National Autonomous University of
Honduras (UNAH), after having received a Bachelor's degree in
1964. She has served in a number of government positions,
and as a prosecutor and judge within the Honduran court
system.
4. (U) From 1973 to 1975, she served as a criminal court
judge in the Tegucigalpa judicial district and as an
Assistant Attorney General. She served as Director General
for Salaries at the Ministry of Labor and as an assistant
prosecutor in appellate court from 1975 to 1977. Chiuz
Sierra also served as the alternate president of the National
Elections Board (TNE) from 1980 to 1982. Additionally, from
1977 to 1982, she was senior partner in her own law firm
located in Tegucigalpa. During the Roberto Suazo Cordova
presidency (1982-1986), Chiuz Sierra held the post of
Procurador General (similar to Solicitor General or Inspector
General in the U.S.). From 1987 to 1988, she was President
of the Honduran Bar Association.
5. (C) In 1998, then-President Carlos Flores named her
Minister of Public Security (MoPS), a post created by law
July 15, 1998, when the public security forces made the
transition from military to civilian control. (NOTE: Many
observers considered her a longtime confidante of Flores.
END NOTE.) In this position, Chiuz Sierra was responsible
for both the national police and the investigative force
(DGIC). A serious conflict between Chiuz Sierra and DGIC
Chief Wilfredo Alvarado erupted in July 1999. The fray
reached its peak when she publicly accused Alvarado's unit of
spying on her--a statement she later retracted. Alvarado
claimed that Chiuz Sierra favored National Police Chief
Alvaro Manuel Flores Ponce ((Flores Ponce)), and publicly
questioned her managerial skills. The media also raised
issues about Chiuz Sierra's performance during her tenure as
Minister. She held onto the post until 2000, when President
Flores replaced her with Gautama Fonseca.
6. (C) In 2002, Chiuz Sierra nominated herself for
consideration by the Supreme Court Nominating Commission.
EmbOffs and USAID officials expressed the opinion that she is
an "old-minded" attorney, and that she was supposedly
dismissed from the MoPS post due to lack of leadership
capability. Post ultimately categorized her as "not
recommended" for service on the Supreme Court. Moreover,
civil society questioned her ability to service in a position
of judicial leadership, due to incompetence and lack of
qualifications (she does not have much litigation experience).
7. (C) It is generally believed that she performed better in
the position of Procurador General, and that she was not an
effective MoPS. Supposedly, former President Flores replaced
her due to nonfeasance and permitting unchecked corruption at
the highest level of the National Police (PN), which exploded
in August 2000 when both PN Sub-Director Andres Wilfredo
Urtecho Jeanborde and PN Director Alvaro Manuel Flores Ponce
were connected to a Colombian air off-load on the north coast
of Honduras.
8. (C) While Chiuz Sierra's failure to perform well as MoPS
does not necessarily mean that she is not suitable for the
Court of Appeals, there remain some doubts as to her
competence. Post has no information besmirching her
integrity, or indicating that she ever abused her position.
While AID has had limited contact with this judge, their
impression was that she was not engaged in reform of the
Criminal Procedure Code.
9. (C) Chiuz Sierra is a member of the Liberal Party, and
some people consider her to be from the "leftist" wing of the
party. She is single, and has one son, Gerardo Emilio
Pacheco Chiuz, and two grandsons, Emerson Pacheco Echeverri
and Gerson Pacheco Echeverri. Her son is a computer expert
and works in the private sector.
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EDITH URTECHO LOPEZ
-------------------
10. (U) Edith Urtecho Lopez was born in Tegucigalpa on
December 5, 1951. She earned a Bachelor's degree and law
degree at UNAH. Most recently, she was Director of the
National Public Defender's Office--she is a Nationalist
appointed by the Maduro Administration. Additionally,
Urtecho Lopez has served as a civil court judge, an assistant
fiscal and a fiscal (both are similar to assistant attorney
general in the U.S.) in an AID/Supreme Court experimental
criminal program and a legal advisor in the Ministry of
Education. She was a professor at both the Central American
Technological University (UNITEC) and UNAH.
11. (C) AID staff members and contractors have worked with
her as Public Defender, and all have an excellent impression
of her. They opine that she has a strong background and
seems to be a highly credible individual. The mission
consensus is that she could emerge as a top-notch Court of
Appeals magistrate. One drawback of her appointment is that
she is leaving the Public Defender position after only four
months--a loss for the Public Defender's Office. She was
pushing for additional resources and was working to
strengthen the office.
12. (C) Nunez (one of the ousted judges) told PolOff that
Urtecho Lopez is related to Andres Wilfredo Urtecho
Jeanborde, the former Sub-Director of the PN under Flores
Ponce who was fired in August 2000 because of involvement in
narcotrafficking and other corrupt activities. At this time,
little is known about Urtecho Lopez's personal life and
family.
-----------------------------------------
JOSE FRANCISCO RUIZ GAEKEL--ALSO KNOWN AS
FRANCISCO ALBERTO RUIZ FERNANDEZ
-----------------------------------------
13. (C) All press accounts refer to this individual as Jose
Francisco Ruiz Gaekel, but ORCA reports that this man says
his name is Francisco Alberto Ruiz Fernandez ((Ruiz)). He
was born August 28, 1940 in Gracias, Lempira. Until this
appointment, Ruiz was an appellate judge in the San Pedro
Sula district. Additionally, he served as a trial judge in
both Comayagua and Siguatepeque. He was formerly a legal
advisor to the Honduran Air Force, though in an interview
with the Honduran press he declined to provide information
about his rank. (NOTE: It is uncertain as to whether he
served in that capacity as a civilian or as a military
officer. END NOTE.) At one time, he was Registrar of
Property. Ruiz is reportedly a Nationalist. At the time the
appointments were announced, Ruiz did not have a curriculum
vitae to provide to the press. Likewise, Post currently has
limited information on Ruiz.
14. (C) This relatively unknown appointee remains somewhat
of a mystery--from his actual name to his personal and
professional background. The fact that Ruiz is not
particularly well-known is of less concern to Post than the
question about his true name and his apparent reticence to
share details of his background. This lack of details raises
some red flags for us.
PALMER